immigration detention

CHICAGO — The detention by immigration authorities of a Chicago man whose 16-year-old daughter is undergoing treatment for advanced cancer is illegal, and he must be given a bond hearing by Oct. 31, a federal judge has ruled.

Attorneys for Ruben Torres Maldonado, 40, who was detained Oct. 18, have petitioned for his release as his deportation case goes through the system. While U.S. District Judge Jeremy Daniel said in an order Friday that Torres’ detention is illegal and violates his due process rights, he also said he could not order his immediate release.

“While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents,” the judge wrote Friday.

Torres’ attorney took the ruling as a win — for now.

“We’re pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben’s release on bond while he applies for permanent residence status,” his attorney, Kalman Resnick, said in a statement Friday night.

Torres, a painter and home renovator, was detained at a suburban Home Depot store. His daughter, Ofelia Torres, was diagnosed in December with a rare and aggressive form of soft-tissue cancer called metastatic alveolar rhabdomyosarcoma and has been undergoing chemotherapy and radiation treatment.

Torres entered the U.S. in 2003, according to his lawyers. He and his partner, Sandibell Hidalgo, also have a 4-year-old son. The children are both U.S. citizens, according to court records.

“My dad, like many other fathers, is a hardworking person who wakes up early in the morning and goes to work without complaining, thinking about his family,” Ofelia said in a video posted on a GoFundMe page set up for her family. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here.”

The Department of Homeland Security alleges that Torres has been living illegally in the U.S. for years and has a history of driving offenses, including speeding and driving without a valid license and insurance.

“This is nothing more than a desperate Hail Mary attempt to keep a criminal illegal alien in our country,” Assistant Homeland Security Secretary Tricia McLaughlin said in a statement. “The Trump administration is fighting for the rule of law and the American people.”

At a hearing Thursday, which Ofelia attended in a wheelchair, the family’s attorneys told the judge that she was released from the hospital just a day before her father’s arrest so that she could see family and friends. But since his arrest, she had been unable to continue treatment “because of the stress and disruption,” they said.

Federal prosecutor Craig Oswald told the court that the government did not want to release Torres because he didn’t cooperate during his arrest,

Several elected officials held a news conference Wednesday to protest Torres’ arrest. The Chicago area has been at the center of a major immigration crackdown dubbed “Operation Midway Blitz,” which began in early September.

BATON ROUGE, La. — The immigration detainees sent to a notorious Louisiana prison last month are being punished for crimes for which they have already served time, the American Civil Liberties Union said Monday in a lawsuit challenging the government’s decision to hold what it calls the “worst of the worst” there.

The lawsuit accuses President Trump’s administration of selecting the former slave plantation known as Angola for its “uniquely horrifying history” and intentionally subjecting immigrant detainees to inhumane conditions — including foul water and lacking basic necessities — in violation of the Double Jeopardy clause, which protects people from being punished twice for the same crime.

The ACLU also alleges some immigrants detained at the newly opened “Louisiana Lockup” should be released because the government failed to deport them within six months of a removal order. The lawsuit cites a 2001 Supreme Court ruling raised in several recent immigration cases, including that of the Palestinian activist Mahmoud Khalil, that says immigration detention should be “nonpunitive.”

“The anti-immigrant campaign under the guise of ‘Making America Safe Again’ does not remotely outweigh or justify indefinite detention in ‘America’s Bloodiest Prison’ without any of the rights afforded to criminal defendants,” ACLU attorneys argue in a petition reviewed by The Associated Press.

The AP sent requests for comment to the U.S. Department of Homeland Security, Immigration and Customs Enforcement and Louisiana Gov. Jeff Landry.

The lawsuit comes a month after state and federal authorities gathered at the sprawling Louisiana State Penitentiary to announce that the previously shuttered prison complex had been refurbished to house up to 400 immigrant detainees that officials said would include some of the most violent in ICE custody.

The complex had been nicknamed “the dungeon” because it previously held inmates in solitary cells for more than 23 hours a day.

ICE repurposed the facility amid an ongoing legal battle over an immigration detention center in the Florida Everglades dubbed “Alligator Alcatraz,” and as Trump continues his large-scale attempt to remove millions of people suspected of entering the country illegally. The federal government has been racing to to expand its deportation infrastructure and, with state allies, has announced other new facilities, including what it calls the “Speedway Slammer” in Indiana and the “Cornhusker Clink” in Nebraska. ICE is seeking to detain 100,000 people under a $45 billion expansion Trump signed into law in July.

At Angola last month, Department of Homeland Security Secretary Kristi Noem told reporters the “legendary” maximum security prison, the largest in the nation, had been chosen to house a new ICE facility to encourage people in the U.S. illegally to self-deport. “This facility will hold the most dangerous of criminals,” she said.

Authorities said the immigration detainees would be isolated from Angola’s thousands of civil prisoners, many of whom are serving life sentences for violent offenses.

“I know you all in the media will attempt to have a field day with this facility, and you will try to find everything wrong with our operation in an effort to make those who broke the law in some of the most violent ways victims,” Landry, a Republican, said during a news conference last month.

“If you don’t think that they belong in somewhere like this, you’ve got a problem.”

The ACLU lawsuit says detainees at “Louisiana Lockup” already were “forced to go on hunger strike” to “demand basic necessities such as medical care, toilet paper, hygiene products and clean drinking water.” Detainees have described a long-neglected facility that was not yet prepared to house them, saying they are contending with mold, dust and ”black” water coming out of showers, court records show.

Federal and state officials have said those claims are part of a “false narrative” created by the media, and that the hunger strike only occurred after inaccurate reporting.

The lawsuit was filed in Baton Rouge federal court on behalf of Oscar Hernandez Amaya, a 34-year-old Honduran man who has been in ICE custody for two years. He was transferred to “Louisiana Lockup” last month from an ICE detention center in Pennsylvania.

Amaya fled Honduras two decades ago after refusing the violent MS-13 gang’s admonition “to torture and kill another human being,” the lawsuit alleges. The gang had recruited him at age 12, court documents say.

Amaya came to the United States, where he worked “without incident” until 2016. He was arrested that year and later convicted of attempted aggravated assault and sentenced to more than four years in prison. He was released on good-time credits after about two years and then transferred to ICE custody.

An immigration judge this year awarded Amaya “Convention Against Torture” protection from being returned to Honduras, the lawsuit says, but the U.S. government has failed to deport him to another country.

“The U.S. Supreme Court has been very clear that immigration detention cannot be used for punitive purposes,” Nora Ahmed, the ACLU of Louisiana’s legal director, told AP. “You cannot serve time for a crime in immigration detention.”

Mustian and Cline write for the Associated Press. Mustian reported from New York.

The first detainees have started arriving at Alligator Alcatraz, Florida’s immigrant detention center in the Everglades. The facility went up on a former airstrip in eight days and will have an initial capacity of 3,000 detainees. Florida’s Republican state Atty. Gen. James Uthmeier, the driving force behind the project, posted on X recently that the center “will be checking in hundreds of criminal illegal aliens tonight. Next stop: back to where they came from.”

Alligator Alcatraz — the camp’s official name — raises logistical, legal and humanitarian concerns. It appears intentionally designed to inflict suffering on detainees, and to allow Florida politicians to exploit migrant pain for political gain. Some of the first people held there have already reported inhumane conditions.

“Alligator Alcatraz” is a misnomer. Alcatraz was home to dangerous criminals, including Al Capone and George “Machine Gun” Kelly. These were violent offenders who had been tried and convicted and sent to the forbidding island fortress.

In contrast, we don’t know whether detainees sent to Alligator Alcatraz will have had their day in court. We don’t know whether they will receive due process in immigration courts or be charged with a crime. We do know that the majority of people whom Immigration and Customs Enforcement is arresting have no criminal records. Remember, simply being in the U.S. without authorization is not a crime — it is a civil infraction. And the ranks of the undocumented include many people who once had lawful status, such as people who overstayed their visas and people with temporary protected status and other forms of humanitarian relief that the current administration has rescinded. Transactional Records Access Clearinghouse, a research center, reports that 71% of immigrant detainees have no criminal record.

In Florida, ICE has arrested an evangelical pastor, a mother of a newborn and a U.S. citizen. These are the kinds of people who might end up spending time in Alligator Alcatraz. In fact, Florida state documents show that detainees there could include women, children and the elderly.

Alligator Alcatraz will place detainees in life-threatening conditions. The site consists of heavy-duty tents and mobile units, in a location known for intense humidity and sweltering heat. Tropical storms, hurricanes and floods pass through the area regularly. On a day when the president visited, there was light rain and parts of the facility flooded. This is not a safe place for the support staff who will be working there, nor is it for detainees.

Florida Gov. Ron DeSantis has praised the “natural” security at Alligator Alcatraz as “amazing.” When asked if the idea was for detainees to get eaten by alligators if they try to escape, President Trump replied, “I guess that’s the concept.” However, escapes from immigration detention are rare. The June escape by four men from a New Jersey detention center made headlines, in part because it was such an unusual occurrence (three of the escaped detainees are back in custody). So the construction of a detention center with a “moat” of forbidding wildlife is just performative cruelty.

Consider the gleeful ways that Florida Republicans have promoted Alligator Alcatraz. The state GOP is selling branded merchandise online, such as hats and T-shirts. On his website, the attorney general is hawking his own products, including Alligator Alcatraz buttons and bumper stickers. But immigration detention is a serious matter. It should not be treated like a cheap spectacle, with souvenirs available for purchase.

Immigrant advocacy groups are rightfully alarmed by Alligator Alcatraz. They’re not the only ones: Environmental groups have protested its impact on the surrounding ecosystem, while Indigenous tribes are angry because the camp sits near lands that are sacred to them. The author of a global history of concentration camps has concluded that Alligator Alcatraz meets the criterion for such a label.

The most troubling aspect of Alligator Alcatraz is that it may be a harbinger of things to come. The budget legislation that the president signed into law on July 4 allocates $45 billion for immigration detention over the next four years. Other states may follow Florida’s example and set up detention centers in punishing locales. This will likely happen with little oversight, as the administration has closed the offices that monitored abuse and neglect in detention facilities.

Yes, Homeland Security and ICE are mandated by law to arrest people who are in the country without authorization and to detain them pending removal. That is true no matter who is president. Yet Alligator Alcatraz is a state project, outside the normal scope of federal government accountability. On Thursday, state lawmakers who sought to inspect the facility were denied entry.

In embracing Alligator Alcatraz, the administration is testing the limits of public support for the president’s immigration agenda. According to a June Quinnipiac survey, 57% of voters disapprove of the president’s handling of immigration. A more recent YouGov poll found that Alligator Alcatraz is likewise unpopular with a plurality of Americans.

Alligator Alcatraz is not a joke. It is a dehumanizing political stunt that puts immigrant detainees at genuine risk of harm or death.

Raul A. Reyes is an immigration attorney and contributor to NBC Latino and CNN Opinion. @RaulAReyes; @raulareyes1